[Amended 3-25-1980; 11-27-1984; 10-26-2021 by Ord. No.
2021-12]
An appeal to the Planning Board may be taken
by any interested party affected by any decision of the Township based
on or made in the enforcement of the Zoning Chapter or Official Map.
Such appeal shall be taken within 20 days by filing a notice of appeal
in the manner set forth in Article II, § 15- 35.1A, and
in accordance with the provisions of N.J.S.A. 40:55D-64, as amended.
A.
Appellant;
time. Appeals to the Planning Board may be taken by any person aggrieved
or by an officer, department, board or bureau of the Township affected
by any decision of the Zoning Officer. Each appeal shall be taken
within the 20 days prescribed by the statute by filing a notice of
appeal with the officer from whom the appeal was taken, together with
five copies of the notice with the Secretary of the Planning Board.
The notice of appeal shall specify the grounds for the appeal. The
officer from whom the appeal is taken shall forthwith transmit to
the Board all the papers constituting the record upon which the action
appealed from was taken.
B.
Filing.
(1)
Applications
addressed to the original jurisdiction of the Planning Board shall
be filed with the Clerk of the Township. Five copies of the application
shall be filed. At the time of filing the appeal or application, but
in no event less than 28 days prior to the date set for hearing, the
applicant shall also file all plot plans, maps or other papers required
by virtue of any provision of this chapter or any rules of the Planning
Board. The applicant shall obtain all necessary forms from the Secretary
of the Planning Board. The Secretary of the Board shall inform the
applicant of the steps to be taken to initiate proceedings and of
the regular meeting dates of the Board.
(2)
After
the initial submission of an original application for development
with maps and supporting documents, in the event that the applicant
desires or is required to prepare revisions to the original submissions
and/or submit additional data or documentation in support thereof,
the same shall be submitted to the secretary of the reviewing board
having jurisdiction thereof at least 10 working days (excluding Saturdays,
Sundays and legal holidays) prior to the meeting of the reviewing
board having jurisdiction, at which consideration or review of the
application is expected. In the event that submissions are not made
in accordance with this requirement, the revisions shall not be reviewed
by the board's engineer, nor considered by the reviewing board having
jurisdiction thereof until the second meeting following the late submission.
C.
An appeal
stays all proceedings in furtherance of the action in respect to which
the decision appealed from was made, unless the officer from whom
the appeal is taken certifies to the Planning Board, after the notice
of appeal shall have been filed with him, that by reason of facts
stated in the certificate a stay would, in his opinion, cause imminent
peril to life or property. In such case, proceedings shall not be
stayed otherwise than by a restraining order which may be granted
by the Planning Board or by the Superior Court of New Jersey on application
or notice to the officer from whom the appeal is taken and on due
cause shown.
In exercising the abovementioned power, the Planning Board may,
in conformity with the provisions of c. 291, P.L. 1975, or amendments
thereto or subsequent statutes applying, reverse or affirm, wholly
or partly, or modify the order, requirement, decision or determination
appealed from and make such other requirement, decision or determination
as ought to be made and to that end have all the powers of the administrative
officer from whom the appeal is taken.
